Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
By using this site, you signify your assent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions of use, do not use this site!
Alderbrook Inc. (alo referred to herein as “PcMed Project”, “PcMed Project Site”, or the “Site”) may revise and update these Terms and Conditions at any time. Your continued usage of the Site will mean you accept those changes.
INDEX
The Site Does Not Provide Medical Advice
Liability of PcMed Project Site and Its Licensors
User Media Submissions – Image, Video, Audio files
Advertisements, Search and Links to Other Sites
Notice and Take Down Procedures, Copyright Agent
The Site Does Not Provide Medical Advice
The contents of the Site, such as text, graphics, images, information obtained from The PcMed Project’s licensors, and other material contained on the Site (“Content”) are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site!
If you think you may have a medical emergency, call your doctor or 911 immediately. The PcMed Project does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by The PcMed Project, The PcMed Project employees, others appearing on the Site at the invitation of The PcMed Project, or other visitors to the Site is solely at your own risk.
The Site may contain health- or medical-related materials that are sexually explicit. If you find these materials offensive, you may not want to use our Site.
Children’s Privacy
We are committed to protecting the privacy of children. You should be aware that this Site is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.
Use of Content
The PcMed Project authorizes you to view or download a single copy of the material on the Site solely for your personal, noncommercial use if you include the copyright notice located at the end of the material, for example: “©2016, The PcMed Project Inc. All rights reserved” and other copyright and proprietary rights notices that are contained in the Content. Any special rules for the use of certain software and other items accessible on the Site may be included elsewhere within the Site and are incorporated into these Terms and Conditions by reference.
The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with The PcMed Project or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of The PcMed Project. All rights not expressly granted herein are reserved to The PcMed Project and its licensors.
If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
Liability of The PcMed Project and Its Licensors
The use of the Site and the Content is at your own risk.
When using the Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of PcMed Project and its suppliers. Accordingly, PcMed Project assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site.
The Site and the content are provided on an “as is” basis. ALDERBROOK INC., ITS LICENSORS, ITS SUBSIDIARIES AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, The PcMed Project, its licensors, and its suppliers make no representations or warranties about the following:
The accuracy, reliability, completeness, correctness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the Site.
The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the Site.
In no event shall PcMed Project, its licensors, its suppliers, or any third parties mentioned on the Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not PcMed Project, its licensors, its suppliers, or any third parties mentioned on the Site are advised of the possibility of such damages. The PcMed Project, its licensors, its suppliers, or any third parties mentioned on the Site shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $1000.00. The PcMed Project, its licensors, its subsidiaries, its suppliers, or any third parties mentioned on the Site are not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or Public Areas (as defined below). Any claims arising in connection with your use of the Site or any Content must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.
User Submissions
The personal information you submit to the Site is governed by The PcMed Project Privacy Policy. To the extent there is an inconsistency between this Agreement and the PcMed Project Privacy Policy, this Agreement shall govern.
The Site contains functionality that may allow users to upload content to the Site. You agree that you will not upload or transmit any communications or content of any type to the Site that infringe or violate any rights of any party. By submitting communications or content to the Site, you agree that such submission is non-confidential for all purposes.
If you make any such submission you agree that you will not send or transmit to PcMed Project by email (including through the email addresses listed on the “Contact Us” page) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to The PcMed Project by email, you agree such submission is non-confidential for all purposes.
If you make any submission to the Site or if you submit any business information, idea, concept or invention to PcMed Project by email, you automatically grant or warrant that the owner of such content or intellectual property has expressly granted PcMed Project a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. PcMed Project may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Public Areas or to The PcMed Project by email. We try to answer every email in a timely manner, but are not always able to do so.
User Submissions — Image, Video, Audio Files
You agree to only post or upload Media (like photos, videos or audio) that you have taken yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy or any other rights of any other person. Photos or videos of celebrities and cartoon or comic images are usually copyrighted by the owner.
To protect your privacy, you agree that you will not submit any media that contains Personally Identifiable Information (like name, phone number, email address or web site URL) of you or of anyone else. Uploading media like images or video of other people without their permission is strictly prohibited.
By uploading any media on the Site, you warrant that you have permission from all persons appearing in your media for you to make this contribution and grant rights described herein. Never post a picture or video of or with someone else unless you have their explicit permission.
It is strictly prohibited to upload media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms and Conditions, the PcMed Project Advertising Policy and the Site Privacy Policy.
You agree that you will not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or this Site.
By uploading any media like a photo or video, (a) you grant to The PcMed Project a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in the media; (b) you certify that any person pictured in the submitted media (or, if a minor, his/her parent/legal guardian) authorizes The PcMed Project to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in such media; and (c) you agree to indemnify The PcMed Project and its affiliates, directors, officers and employees and hold them harmless from any and all claims and expenses, including attorneys’ fees, arising from the media and/or your failure to comply with these the terms described in this document.
The PcMed Project reserves the right to review all media prior to submission to the site and to remove any media for any reason, at any time, without prior notice, at our sole discretion.
Passwords
The PcMed Project has several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your PcMed Project passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of sign-in name, screen name and passwords; (2) authorize, monitor, and control access to and use of your PcMed Project account and password; (3) promptly inform PcMed Project if you believe your account or password has been compromised or if there is any other reason you need to deactivate a password. To send us an email, use the “Contact Us” links located at the bottom of every page of our site. You grant PcMed Project and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. The PcMed Project cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using PcMed Project tools and services.
Advertisements, Searches, and Links to Other Sites
The PcMed Project may provide links to third-party web sites. The PcMed Project also may select certain sites as priority responses to search terms you enter and The PcMed Project may agree to allow advertisers to respond to certain search terms with sponsored content. The PcMed Project does not recommend and does not endorse the content on any third-party websites.The PcMed Project is not responsible for the content of linked third-party sites, sites framed within The PcMed Project Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. The PcMed Project does not endorse any product, service, or treatment advertised on The PcMed Project Site. For more information, read our Advertising Policy and our Sponsor Policy.
Indemnity
You agree to defend, indemnify, and hold The PcMed Project, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.
General
The PcMed Project is based in New York, New York with principal offices in New York, New York. The PcMed Project makes no claims that The PcMed Project or any Site within The PcMed Project Network and the Content are appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access The PcMed Project Network from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, User Submissions, User Submissions – image, video, audio files, Indemnity, Jurisdiction, and Complete Agreement.
Jurisdiction
You expressly agree that exclusive jurisdiction for any dispute with The PcMed Project, or in any way relating to your use of the Site in the courts of the State of New York and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of New York in connection with any such dispute including any claim involving PcMed Project or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
These Terms and Conditions are governed by the internal substantive laws of the State of Delaware, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Notice and Takedown Procedures; and Copyright Agent
If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting The PcMed Project’s copyright agent (identified below) and providing the following information:
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Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
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Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
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Your name, address, telephone number and (if available) e-mail address.
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A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
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A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
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A signature or the electronic equivalent from the copyright holder or authorized representative.
PcMed Project’s agent for copyright issues relating to this web site is as follows:
Alderbrook Inc.
General Counsel
105 W 86 St, Suite 551
Bronx, NY 10463 USA
——
In an effort to protect the rights of copyright owners, the Site maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.
Complete Agreement
Except as expressly provided in a particular “legal notice” or “legal disclaimer” on the Site, these Terms and Conditions and The PcMed Project Privacy Policy constitute the entire agreement between you and The PcMed Project with respect to the use of Site and Content.
Thank you for your cooperation. We hope you find the PcMedProject.com Site helpful and convenient to use! Questions or comments regarding this website, including any reports of non-functioning links, should be submitted using our Contact Us Form or via U.S. mail to:
Alderbrook Inc.
105 W86 St. #551
New York, NY 10024 USA
